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Local Government Amendment (Conflicting Duties) Bill 2009 Introduction Print EXPLANATORY MEMORANDUM General The purpose of this Bill is to amend the Local Government Act 1989 to prevent Councillors from having conflicting duties arising from specified offices or positions with other publicly elected bodies. Clause Notes PART 1--Preliminary Clause 1 sets out the purposes of the Bill. Clause 2 provides that the Bill comes into operation on the day after the day on which it receives the Royal Assent. Clause 3 inserts new sections 28A and 28B in the Local Government Act 1989. New section 28A prevents a person from becoming or continuing to be a Councillor or nominating as a candidate at a Council election if the person is at the time either: · a member of the Parliament of the Commonwealth of Australia, or of the Parliament of Victoria or of another State or a Territory of the Commonwealth; or · employed as a Ministerial officer, a Parliamentary adviser or an electorate officer (or corresponding position) by or for a member of the Parliament of the Commonwealth of Australia, or of the Parliament of Victoria or of another State or a Territory of the Commonwealth; or 561415 1 BILL LA INTRODUCTION 28/7/2009
· a Councillor of another Council in Victoria or a Councillor (or corresponding position) of another Council in another State or a Territory of the Commonwealth. New section 28A also provides that a person who is employed as a Ministerial officer, a Parliamentary adviser or an electorate officer by or for a member of the Parliament can nominate as a candidate and be declared elected at a Council election if that person has taken leave from their specified office or position and does not perform any of the duties of that office or position for the duration of the election period. However, such a person cannot take the oath of office after being declared elected if that person continues to hold that specified office or position. The terms Ministerial officer, Parliamentary adviser and electorate officer are defined under new section 28A. New Section 28B provides transitional arrangements for persons who are Councillors immediately before the commencement of the Bill. A Councillor who immediately before the commencement of the Local Government Amendment (Conflicting Duties) Act 2009 holds any office or position referred to in section 28A(1)(a), (b) or (c) who continues to hold that office or position at the expiry of the period of 7 days after that commencement goes out of office as a Councillor on the expiry of that period. Clause 4 provides for the automatic repeal of this Act on the first anniversary of its commencement. 2